HB 2376 Summary

• Allows courts to depart from mandatory prison sentences if the court finds the mandatory sentence would result in injustice to the defendant or is not necessary for public protection.

• Exceptions apply to convictions involving death or serious physical injury, sex offenses against minors (with limited exceptions for consensual conduct between certain minors and young adults), and offenses involving continuing criminal enterprises or leadership roles.

• Courts must state on the record the reason for departing from any mandatory prison sentence.

• The Administrative Office of the Courts must submit annual reports to the Arizona Criminal Justice Commission listing all cases where courts departed from mandatory sentences.

• The Arizona Criminal Justice Commission must annually calculate cost savings from mandatory sentence departures and notify the state treasurer of the amount.